CRIM 2260

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CRIM 2260
2014-02-18 12:42:07

Intro to Canadian Criminal Law
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  1. Criminal Law
  2. Federal Criminal law Power
  3. Crime
    Consists of conduct that is prohibited because it is considered to have an "evil or injurious or undesireable effect upon the public" & penalty that may be imposed if the prohibition is violated
  4. Summary Conviction Offences
    Often less serious in nature and may only be tried before a provincial court judge
  5. Indictable Offences
    The most serious criminal offences
  6. Accused
    Accused is the person against whom a criminal charge has been laid
  7. True Crime
    offences that represent a serious breach of of community values and are considered to be both wrong and deserving of punishment
  8. Regulatory Offence
    offence arising under regulatory legistlation (federal/provincial/territorial/municipal)
  9. Quasi-Criminal Law
    Refers to reg. offences opposed to true crimes
  10. Primary Sources of Law
    Main source of law. including statutes and case law in the Canadian legal system
  11. Sources of  Criminal law
    • Primary sources of criminal law are:
    • 1. Legistlation
    • 2. Judicial decisions that either interpret such legistlation or state the "common law"
  12. Substantive Criminal Law
    Legistlation that defines the nature of various criminal offences and specifies the various legal elements that must be present before a conviction can be enetered agaianst an accused person
  13. Criminal Procedure
    Legistlation that specifies  the procedures to be followed in the prosecution of a criminal case and defines the nature and scope of the powers of criminal justice officials.
  14. Contempt of Court
    covers any wilful conduct on the part of the accused that tends to interfere with the proper administration of justice or to bring it into disrepute
  15. Common Law
    • Legal systsme inherited from England
    • Doctrine stare decisis trequires courts to apply principles from those cases highest in the court heirachy
  16. Burden of Proof
    Indicates which party is responsible for proving certain facts in a trial